Hurricane Katrina: Legal Issues - Columbus School of Law

What are the criteria for appointing a guardian ad litem for a child?
The youth court shall appoint a guardian ad litem for the child: (a) When a child has no parent, guardian or
custodian; (b) When the youth court cannot acquire personal jurisdiction over a parent, a guardian or a custodian; (c)
When the parent is a minor or a person of unsound mind; (d) When the parent is indifferent to the interest of the
child or if the interests of the child and the parent, considered in the context of the cause, appear to conflict; (e) In
every case involving an abused or neglected child which results in a judicial proceeding; or (f) In any other instance
where the youth court finds appointment of a guardian ad litem to be in the best interest of the child. Miss. Code
Ann. § 43-21-121
Is there an assigned counsel system for either parents and/or children?
Although adult parties have the right to counsel, indigent adult parties do not have the right to have counsel
appointed by the youth court (Miss. Code Ann. § 43-21-201(1)). Therefore, there is no court assigned counsel system
for adult parties to proceedings, including parents.
Children have the right to counsel during all critical stages of a proceeding, and the youth court assigns counsel to
indigent children (Miss. Code Ann. § 43-21-201(1)). Consequently, there is an assigned counsel system for children
(Miss. Code Ann. § 43-21-121(4)).
How do formal court procedures work?
Formal proceedings may be initiated by petition, for an adjudication that a child is a delinquent child, a child in need
of supervision, a neglected child, or an abused child. (Miss. Code Ann. § 43-21-451). The petition must be filed
within five days from the date of a detention hearing or shelter hearing continuing custody of the child. Unless
another period of time is authorized by the youth court or its designee, in non-custody cases the petition shall be filed
within ten days of the court order authorizing the filing of a petition. The proceeding must be scheduled within 90
days of filing the petition, within 21 days if the child is in detention, or within 30 days if the child is in a shelter.
(Miss. Code Ann. § 43-21-551).
What is a shelter hearing?
In abuse and neglect proceedings, the Youth Court conducts shelter hearings when certain criteria have been met.
(Miss. Code Ann. § 43-21-309). Shelter hearings are conducted when reasonable efforts have been made to maintain
the child within his own home, but the circumstances warrant his removal and there is no reasonable alternative to
custody, or the circumstances are of such an emergency nature that no reasonable efforts have been made to maintain
the child within his own home, and there is no reasonable alternative to custody. At conclusion of hearing, court must
release child to parent/guardian’s custody unless there is probable cause that the Youth Court has jurisdiction.
Additional Practice Information
Are there any organizations which represent parents and children in Youth Court proceedings?
North Mississippi Rural Legal Services represents parents (and sometimes children) in child welfare proceedings of
the youth court in 39 Mississippi counties. Contact Information: Toll Free Number: 1-800-898-8731 (Administrative
Office) Hurricane Relief Hotline: 1-888-808-8049 http://www.nmrls.com/
Mississippi Center for Legal Services represents parents (and sometimes children) in child welfare proceedings of the
youth court in the other Mississippi counties. Contact Information: Toll Free Number: 1-800-773-1737
(Administrative Office) http://www.mslegalservices.org